Common use of DECISION OF ARBITRATOR AND APPEAL Clause in Contracts

DECISION OF ARBITRATOR AND APPEAL. 1. The decision of an arbitrator resulting from any arbitration of discipline hereunder shall not add to, subtract from, or otherwise modify the terms and conditions of this memorandum of understanding. The arbitrator’s written award, including Findings of Fact and Conclusions of Law, shall be submitted within thirty (30) calendar days from the last day of the hearing. The arbitrator’s decision shall be forwarded to the City Manager, who shall review the award and make the final decision within thirty (30) working days of its receipt. If the City Manager does not adopt the decision of the Arbitrator, the City Manager shall issue a new decision which shall be consistent with the evidence submitted at the hearing, applicable rules, this MOU, and shall also state the grounds for not adopting the decision of the arbitrator. 2. If, as result of an arbitration award or mediated settlement, an employee’s disciplinary action is overturned or modified in any way, relevant portions of the employee’s performance appraisal review shall be rewritten, if necessary, so the performance appraisal does not include references or language inconsistent with the arbitrator’s decision.